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Lecture IV.

Published online by Cambridge University Press:  02 December 2009

Wilfrid E. Rumble
Affiliation:
Vassar College, New York
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Summary

in my last lecture, I endeavoured to answer an objection which may be urged against the theory of utility. And to the purpose of linking my present with my last lecture, I will now restate, in a somewhat abridged shape, that summary of the objection and the answer with which I concluded my discourse.

The objection may be put briefly, in the following manner.

If utility be the proximate test of positive law and morality, it is impossible that the rules of conduct actually obtaining amongst mankind should accord completely and correctly with the laws established by the Deity. The index to his will is imperfect and uncertain. His laws are signified obscurely to those upon whom they are binding, and are subject to inevitable and involuntary misconstruction.

For, first, positive law and morality, fashioned on the principle of utility, are gotten by observation and induction from the tendencies of human actions. Consequently, till these actions shall be marked and classed with perfect completeness, and their effects observed and ascertained with similar completeness, positive law and morality, fashioned on the principle of utility, must be more or less defective, and more or less erroneous. And, these actions being infinitely various, and their effects being infinitely diversified, the work of classing them completely and of collecting their effects completely, transcends the limited faculties of created and finite beings.

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Publisher: Cambridge University Press
Print publication year: 1995

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  • Lecture IV.
  • John Austin
  • Edited by Wilfrid E. Rumble, Vassar College, New York
  • Book: Austin: The Province of Jurisprudence Determined
  • Online publication: 02 December 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511521546.011
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  • Lecture IV.
  • John Austin
  • Edited by Wilfrid E. Rumble, Vassar College, New York
  • Book: Austin: The Province of Jurisprudence Determined
  • Online publication: 02 December 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511521546.011
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Lecture IV.
  • John Austin
  • Edited by Wilfrid E. Rumble, Vassar College, New York
  • Book: Austin: The Province of Jurisprudence Determined
  • Online publication: 02 December 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511521546.011
Available formats
×